MGMT 209 Ch. 3 questions with correct answers

What is litigation? CORRECT ANSWER Disputes that arise due to the belief by one party that the other party has committed a wrong or violated some law that cannot be resolved through mutual agreement and compromise; it is a lawsuit that is filed What are the three types of judicial systems in which businesses might become involved? Which is used less than the other two systems? CORRECT ANSWER 1) A criminal court (if accused by the state or fed. gov. of violating a criminal statute). This is probably used the least; 2) A civil court (if it had a dispute with another individual or business that could not otherwise be settled); 3) An administrative court (if accused of violating one of the regulations which one of the state or fed. agencies are empowered to enforce) In a civil case, what are the two sides that a business could be on? CORRECT ANSWER Either a plaintiff (the party that begins the lawsuit) or a defendant (the party that is sued) What are the differences between a civil and criminal case? CORRECT ANSWER •The procedural safeguards required by the Const. are less than in criminal courts --civil case will not usually appoint an attorney (b/c the constitutional right to counsel only applies in criminal courts) •Civil courts have to prove the defendant responsible by a preponderance of the evidence, while for criminal cases, they must be proven beyond a reasonable doubt (diff. burden of proof) •5th amendment only applies to civil matters, so parties cannot refuse to testify against themselves in a civil trial (even in criminal cases, a corporation cannot rely on 5th am. b/c it only protects individual rights)•Burden of proof (Criminal=beyond a reasonable doubt, burden of proving the case is on the government's prosecutor; Civil=pre